Yay. The Supreme Corporation of the United States rules that generic drug makers can't be sued

[cali]

15. so what about Wyeth v Levine?

Wyeth v. Levine, 555 U.S. 555 (2009),[1] is a United States Supreme Court case holding that Federal regulatory approval of a medication does not shield the manufacturer from liability under state law.

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If a drug meets the labeling requirements of the FDA, does that give rise to federal preemption of state law regarding inadequate labeling? Wyeth presented two arguments in favor of FDA preemption:

It is impossible for Wyeth to comply with both the state-law duties and federal labeling regulations, see Fidelity Fed. Sav. & Loan Assn. v. De la Cuesta, since the latter forbids it from changing its label without FDA approval.
Permitting states to require stronger warnings creates an unacceptable "obstacle to the accomplishment and execution of the full purposes and objectives of Congress," Hines v. Davidowitz, because it substitutes a lay jury's decision about drug labeling for the expert judgment that Congress sought to entrust with drug labeling decisions when it created the FDA.

Holding

Justice John Paul Stevens, writing on behalf of a 6-3 court, rejected both Wyeth's argumen

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http://en.wikipedia.org/wiki/Wyeth_v._Levine